Jury Waivers As An Alternative To Arbitration Clauses

Law360 (March 14, 2007, 12:00 AM EDT) -- In recent years, courts have frequently been asked to rule on the enforceability of a party’s contractual waiver of its right to a jury trial.

This has spawned discussions among courts and commentators alike regarding whether such provisions are enforceable, whether they are a good alternative to arbitration provisions, and whether they are the “future” alternative to more traditional litigation.

This paper discusses these issues and others associated with contractual jury waivers.

Historically, arbitration has been the established alternative to traditional litigation and thus the established way to avoid a jury trial. Indeed, arbitration is a well-established practice in many businesses...

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